State v. Roseman, KCD
| Decision Date | 11 June 1979 |
| Docket Number | No. KCD,KCD |
| Citation | 583 S.W.2d 232 |
| Parties | STATE of Missouri, Respondent, v. Wayman Edward ROSEMAN, Appellant. 29657. |
| Court | Missouri Court of Appeals |
C. B. Fitzgerald, Warrensburg, for appellant.
John D. Ashcroft, Atty. Gen., Neil MacFarlane, Asst. Atty. Gen., Jefferson City, for respondent.
Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.
Wayman Roseman was convicted of rape, sodomy and armed robbery by a jury on a change of venue and sentenced to a term of ten years each on the rape and sodomy charges and five years for the robbery. On this appeal Roseman contends the court erred in (1) overruling an objection to a question propounded by the State on voir dire; (2) sustaining the State's objection to a defense question on voir dire; (3) limiting cross-examination of a State witness; (4) requiring Roseman to disclose the names of witnesses to be called at trial; and (5) refusing to discharge Roseman because of the insufficiency of evidence. Affirmed.
There was evidence which permitted the jury to find beyond a reasonable doubt the victim of the crimes for which Roseman was convicted went to the lounge in the Sedalia Ramada Inn on the evening of August 8, and left with a man when the lounge closed at 1:30 A.M. on August 9. Driving a short distance from the Inn, they parked on a gravel road and after spending some time "necking" the couple fell asleep. The evidence is not clear as to whether the man was fully clothed when he fell asleep, but it is uncontradicted the victim wore only a halter top.
While the couple slept, a car containing six young men from Sedalia pulled in the gravel road behind them. One of the men went up to look in the car containing the couple and returned to announce there were two people asleep in the car. Thereupon all six young men, three on each side, approached the couple's car. The man testified he was forced by someone pointing a gun at his head to get out on the driver's side, relinquish his wallet and watch, and then lie on the ground until the men left, at which time he was placed in the seat of his car.
After the victim was forced from the car on the passenger side, the men seized her purse and took $85 and her watch and rings. She was then dragged back opposite the car the young men had arrived in, whereupon the acts of rape and sodomy occurred. The victim testified two separate acts of rape and sodomy were perpetrated upon her.
After these assaults had been committed, the victim feigned unconsciousness. She was then carried to the young men's car. The victim testified that the one who carried her to the car sat down in the front seat and put her across his lap, stated that he wanted to rape her, and ran his hands all over her body, including her private parts, as the car was driven away from the scene. After the car was driven some distance, the group discussed throwing her from a bridge, but finally decided to put her in a ditch. Roseman admitted in his testimony that he took the victim from the car and placed her in a ditch, after which he reentered the car and the group left.
Both the victim and her companion stated that because it was dark they could not identify any of the young men involved. However, in addition to Roseman, two of the six men testified, stating that Roseman had a gun at one time. Roseman admitted someone passed a gun to him, but stated he gave it to someone else. The two men also testified that Roseman was in the front seat with the victim when they left the scene and until Roseman carried her from the car. Roseman, although admitting he put the victim out of the car, testified he rode in the back seat.
Roseman first contends the court erred in overruling an objection to a question posed by the State on voir dire examination of the panel. The incident began with the following question:
MR. MacFARLANE: Ladies and gentlemen, I have not told you, of course, all of the facts in this case. There were six black youths in this one car that came up and stopped and I told you four were charged in this case. The two that were not charged are witnesses for the State and they have not been charged with this crime and their testimony is very necessary and critical. Would anybody believe that we have, or tend to disbelieve them, because someone would have a deal if you want to call it a deal, had been made? Would anybody not believe those two, because they have not been charged?
An objection was made on the ground the State was trying to commit the jury. The objection was overruled and the following question was posed by the State:
MR. MacFARLANE: What I'm asking you, is your thoughts on what we call the credibility of those witnesses. Would you tend to disbelieve them, because you think, because some type of deal has been made? Would you tend to disbelieve them for that reason?
Then, you will consider their testimony just as you would the other witnesses and give it proper weight and credence, it that correct?
Thereafter, three members of the panel expressed concern about some people being involved in the affair who had not been charged. After a number of questions on this subject by the three veniremen, the State asked a final question MR. MacFARLANE: I want to direct this to the whole panel. The question is really this: If you find it was necessary, or that the State did not bring charges against two people who were otherwise guilty and obtained their evidence, would that preclude you from fairly and impartially considering the evidence that you hear and deciding whether or not the defendant in this case is guilty or innocent?
To this question two veniremen answered in the affirmative and the court struck them for cause, together with the third who had previously raised a question on this subject.
On this appeal Roseman contends the error occurred after the initial question because he says several veniremen became concerned that two men were not charged and the outcome was to impress on the ultimate jury panel an intangible obligation to give these witnesses too much credence. Despite this statement in his brief, in his motion for new trial Roseman complained only generally that the court refused to sustain his objections to questions propounded by the State to the panel. This assignment in the motion for new trial did not set forth in detail and with particularity the specific grounds or causes which it was contended entitled Roseman to a new trial as required by Rule 27.20(a). State v. Hulsey, 557 S.W.2d 715, 719(9) (Mo.App.1977). Nevertheless, this court has considered the argument made here and finds no error. It is apparent the State was trying to ferret out any prejudice the panel might have toward the two who were present but not charged solely on the basis no charges were filed. While some of the questions might...
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